SHIREEN L. DKHAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The brief facts surrounding the case are that the petitioner had applied for Master of Dental Surgery (MDS) (PG) Course against a seat allotted for the State of Meghalaya at the Regional Dental College, Guwahati for the academic year 2024-2025 along with six other candidates. As per the said list, the petitioner having obtained the highest NEET score was nominated to the said vacancy and after complying with all the necessary formalities, was admitted to the said Post Graduate Course for the academic year 2024-25 on 22/7/2024 and the classes had then commenced, immediately thereafter.

(2.) The grievance of the writ petitioner is that the State respondents, vide an order dtd. 19/8/2024, unilaterally withdrew her nomination for the MDS PG Course against the seat allotted to the State of Meghalaya on the ground that there existed another candidate (respondent No. 5) with a higher NEET score as per the second list, which had been submitted to the State respondents on 29/7/2024, and that by another order the private respondent was nominated against the seat already occupied by the writ petitioner in the same College.

(3.) Mr. S.Sen, learned counsel for the petitioner has submitted that the petitioner having been allocated the seat validly on her application and being the most meritorious, as per the list released by the State respondents on 22/5/2024, had acquired a vested right to the seat and the unilateral cancellation, without affording any hearing to the petitioner was arbitrary and illegal. It is further submitted that once the seat had been allotted to the writ petitioner, notwithstanding the fact that other meritorious candidates are present, however, once the order had been issued, the State respondents were estopped from retracting the same. As such, he prays that the allotment of the MDS PG Course seat to the private respondent made at her expense, be set aside.